Brooklyn Fire Brick Works, Inc. v. Brooklyn Contractors Machinery Exchange, Inc.

Memorandum

The Rules of Civil Practice do not authorize the court to conduct a hearing as to an issue of fact on a motion for summary judgment. There were issues of fact raised which required a trial.

Judgment reversed, with ten dollars costs to appellant to abide the event, and motion denied.

Concur: Hammer, McLaughlin and Eder, JJ.